2014 New York Laws
PBH - Public Health
Article 28 - (2800 - 2826) HOSPITALS
2808-A - Liability of certain persons.

  2808-a.  Liability  of  certain persons.   1. Every person who is a
  controlling person of any residential health care facility liable  under
  any  provision  of  this  article  to any person or class of persons for
  damages or to the state for  any  civil  fine,  penalty,  assessment  or
  damages,  shall  also  be liable, jointly and severally, with and to the
  same extent as such residential health care facility, to such person  or
  class  of  persons  for damages or to the state for any such civil fine,
  penalty, assessment or damages.
2.  For  purposes  of  this  section,  a  "controlling  person"  of  a
  residential  health care facility shall be deemed to mean any person who
  by reason of a direct or indirect ownership interest (whether of  record
  or  beneficial)  has the ability, acting either alone or in concert with
  others with ownership interests, to direct or cause the direction of the
  management or policies of said facility.  Neither the  commissioner  nor
  any  employee  of  the  department nor any member of a local legislative
  body of a county or municipality, nor any county or  municipal  official
  except  when  acting  as  the administrator of a residential health care
  facility, shall, by reason of his or her official position, be deemed to
  be a controlling person of any  residential  health  care  facility  nor
  shall  any  person  who  serves  as  an  officer, administrator or other
  employee or as a member of a board  of  directors  or  trustees  of  any
  facility  be  deemed  to  be  a controlling person of said facility as a
  result of such position or his or her official actions in such position.